Who Can Bring a Wrongful Death Action?

Who Can Bring a Wrongful Death Action?

Wrongful death actions involve a host of complex issues that can affect a variety of people. In these difficult cases, which often involve substantial damages and insurance coverage disputes, it is crucial to have an experienced attorney for advice and representation. At Gregory R. Giometti & Associates in Denver, Colorado, we have decades of experience in fighting for the rights of our clients.

Only individuals with legal standing can file a wrongful death action on behalf of a person killed through the fault of another. To determine who has standing to file a wrongful death case, call or e-mail us for an appointment to learn more about the following issues:

within the first year: A spouse has the exclusive right to bring a wrongful death action in the first year. Any heirs of the deceased can join only with spousal consent. If there is no spouse, heirs can bring an action immediately.

within the first two years: The spouse or an heir can file a wrongful death action in the second year.

after two years: The statute of limitations bars any wrongful death actions after two years.

within a year or less: Non-claim provisions in the probate code may bar an action against a deceased at-fault party’s estate, except for available liability insurance proceeds.

Who Gets to Recover the Proceeds of a Wrongful Death Action?

Even unnamed heirs may be entitled to recover a portion of the proceeds of a wrongful death action. Where parents are the persons with standing to bring a wrongful death action, the interests of both parents need to be taken into account before a claim can be resolved.

Get an informed perspective about this area by speaking with one of our lawyers. We are well-versed in Colorado’s probate laws relating to wrongful death claims. We will take the necessary steps to protect your rights in wrongful death actions involving multiple parties.

Wrongful Death

We literally “wrote the book” about Colorado wrongful death law. See our Publications to learn more about our book G. Giometti, Colorado Handbook of Wrongful Death Law (3rd Ed. 2015). For years attorneys throughout the state have contacted our firm for guidance in handling wrongful death claims. Contact us to benefit from our experience.

Insurance Bad Faith

We also “wrote the book” about insurance bad faith law in Colorado. See our Publications to learn more about our book G. Giometti, Colorado Law of Insurance Bad Faith (4th Ed. 2015). We are highly experienced in analyzing complex insurance coverage issues, pursuing declaratory judgment actions, and litigating bad faith claims arising out of coverage and claims handling disputes.

Auto Accidents

We also “wrote the book” about motor vehicle accident litigation and insurance in Colorado. See our Publications to learn more about our book G. Giometti, Colorado Automobile Accident Litigation & Insurance Handbook (3rd Ed. 2018). We are experienced in handling all types of motor vehicle accident cases, particularly those involving traumatic brain injuries and spinal injuries.